The Office of General Counsel issued the following opinion on July 26,
2004, representing the position of the New York State Insurance Department.

Re: Workers Compensation & Application of N.Y. Ins. § 3426

Question Presented:

When a New York licensed insurance consultant submits a written
request, along with a letter of authority from his client, for workers compensation
loss information to the New York authorized insurer that provides workers
compensation coverage to the client, does N.Y. Ins. Law § 3426(g)(2) (McKinney Supp.
2004) require the insurer to comply with the request?

Conclusion:

No. N.Y. Ins. Law § 3426(g)(2) (McKinney Supp. 2004) does not require
the insurer to comply with the request for workers compensation loss information
because § 3426(g)(2) does not apply to policies that provide workers compensation
coverage.

Facts:

A New York licensed insurance consultant frequently obtains
workers compensation loss information by submitting a written request, along with a
letter of authority from his client, for such information to the New York authorized
insurer that provides workers compensation coverage to the client.

Analysis:

Under certain commercial lines policies, a first-named insured or such
insureds authorized agent or broker may request loss information from an insurer
pursuant to N.Y. Ins. Law § 3426(g)(2) (McKinney Supp. 2004), which provides:

(2) Upon written request by the first-named insured or such insured's
authorized agent or broker, the insurer shall mail or deliver the following loss
information covering a period of years specified by the superintendent by regulation or
the period of time coverage has been provided by the insurer, whichever is less, within
twenty days of such request:

(A) Information on closed claims, including date and description of
occurrence, and any payments;

(B) Information on open claims, including date and description of
occurrence, and amounts of any payments; and

(C) Information on notice of any occurrences, including date and
description of occurrence.